Rinku Kumar and Others vs State of Punjab and Another

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of FIR No. 160 dated 23.07.2010 under Sections 406/498-A IPC, registered at Police Station City Ferozepur, District Ferozepur, Annexure P1, and all other consequential proceedings arising therefrom on the basis of compromise, having been entered into between the parties.

I have heard learned Counsel for the parties and have gone through the record.

It has been stated by learned Counsel for the parties that dispute between the parties is matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides and that Petitioner No. 1 and Respondent No. 2 -complainant started living together.

Both the parties were directed to appear before learned trial Court with further direction that report be sent as to whether compromise voluntarily entered into. Report has been received after recording statements of the parties by learned Chief Judicial Magistrate, Ferozepur to the effect that compromise effected between the parties is genuine one.

Respondent No. 2 - complainant also appeared in person with her counsel admitting the factum of compromise and stating that she is having no objection if the FIR and consequential proceedings are quashed.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab 2007(3) RCR 1052.

Since the parties have amicably settled the matter, which is matrimonial in nature and compromise has been effected between them due to intervention of the respectable persons and relatives, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 160 dated 23.07.2010 under Sections 406/498-A IPC, registered at Police Station City Ferozepur, District Ferozepur, Annexure P1 alongwith all consequential proceedings qua Petitioners -Rinku Kumar, Tinu, Kanta Devi and Dharam Pal is, hereby, quashed.